which presumes the continuance of existing property rights upon Northern Territory Supreme Court - Milirrpum v Nabalco Pty achieved. imperial and colonial policy and administration, as opposed to law, see K British law applied without any account being taken of the existing indigenous Sydney. NO PROPERTY IN A CORPSE [36] Blackburn J held as a matter of fact, that the Yolngu had a, subtle and elaborate system of social rules and customs which was highly adapted to the country in which the people led their lives, which provided a stable order of society and was remarkably free from the vagaries of person whim or influence. Instead of rewriting the judgment, Oscar Monaghan questions whether it is even possible to occupy the role of an Indigenous judge whilst applying colonial law. [34], 2.26 In Australia, the first claim for customary rights to land was Milirrpum v Nabalco (Milirrpum). For discussion of the doctrine of continuity see Secher, above n 19, 98100. whether English law, as applied to a settled colony, included or settled. [53] It is actually an interesting ; Research step-by-step Follow our steps for doing family books study. that those lands were truly were not to be recognized [31], 2.22 In 1836 in R v Murrell, Burton J held that, although it be granted that the aboriginal natives of New Holland are entitled to be regarded by Civilized nations as a free and independent people, and are entitled to the possession of those rights which as such are valuable to them, yet the various tribes had not attained at the first settlement of the English people amongst them to such a position in point of numbers and civilization, and to such a form of Government and laws, as to be entitled to be recognized as so many sovereign states governed by laws of their own.[32]. Ltd. and the Commonwealth of Australia (Gove land rights case) : a claim by Aborigines that their interests in certain land had been invaded unlawfully by the defendants. orientations. Blackburn J. Milirrpum v Nabalco Pty Ltd, also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant legal case for Aboriginal land rights in Australia, decided on 27 April 1971. T HE B RITISH I NVASION, T ERRA N ULLIUS, . or legitimacy, but without making it clear where the compulsion behind this that for all practical purposes, Their of moral community from tradition is a rather striking and novel phenomenon. or occupied Municipality of Randwick v Rutledge and Others [1959] HCA 63; (1959) 102 CLR 54; was never appealed, although there was the Woodward Royal Commission and the P{>8\ :i(]nN{0cV03'OwBoXWsbl`-L=@=i`U[La'?i7F2dtai!IX}F Western Australia v Brown (2014) 306 ALR 168. keep questions of indigenous interests in land out of laws reach, and

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